Manuel DeJesus Rosas v. California
AdministrativeLaw DueProcess JusticiabilityDoctri
Whether the California criminal street gang laws are unconstitutionally vague
QUESTIONS PRESENTED FOR REVIEW 1. The California criminal street gang laws contained in section 186.22 of the California Penal Code are unconstitutional for being vague, indefinite and uncertain in violation of federal due process of law under the Fourteenth Amendment of the United States Constitution since those laws completely fai] to define what constitutes membership in a criminal street gang and how one may join a criminal street gang as required by the opinion of this Court in the case of Lanzetta v. New Jersey, 306 U.S. 451 (1939). 2. There was a denial of federal due process of law under the Fourteenth Amendment of the United States Constitution as a result of the denial of petitioner’s pretrial motion seeking from the prosecution discovery ofall reports, documents, writings, recordings and statements (whether written or oral) of “all prior informant activities” of all individuals whom the prosecution intended to call at trial to testify about matters going to the issue of petitioner’s guilt of the charged offenses and the charged enhancements in this case which motion requested discovery of (1) prior informant activities that occurred before the alleged crime in this case was committed, (2) prior informant activities that occurred before petitioner was arrested in connection with the case, and (3) prior informant activities that occurred before the filing of any accusatory pleading in this case which included discovery of all of the police reports, transcripts and recordings generated in any and all of the investigations and cases in which the person or persons who engaged in the “prior informant activities” gave the police that prior information whether or not those investigations or cases (1) have been completed or closed, (2) remain open, (3) are the subject of continuing investigation, or (4) are pending trial at the time petitioner’s case was going to trial. ii